Public Testimony Guidelines
The Board Chairperson may limit the number of speakers and the length of time allowed to each speaker. To
speak at a public hearing, complete a speaker card and submit to Planning Staff (1) as early as possible at the
meeting, or (2) at the Permit Service Center, 2120 Milvia Street, before 5:00 pm on the day of the hearing.

At the start of the meeting the Board may rearrange the agenda or place additional agenda items on the Consent
Calendar, so it is important to submit speaker cards at the start of the meeting to avoid losing the chance to speak
to an item.

The Board encourages the public to submit comments in writing or by e-mail in advance of the meeting. SeeCorrespondence and Notice of Decision Requests at the end of this Agenda for procedures.

Roll Call: George Williams (Chairperson), appointed by Councilmember CapitelliMichael Alvarez Cohen (Vice-Chairperson), appointed by Councilmember WozniakRobert Allen, appointed by Councilmember WengrafTeresa Clarke, appointed by Councilmember Moore Toya Groves, appointed by Councilmember Anderson vacant, appointed by Councilmember WorthingtonDeborah Matthews, appointed by Mayor BatesElisa Mikiten, appointed by Councilmember MaioSara Shumer, appointed by Councilmember Arreguin

Ex Parte Communication DisclosuresIn the context of adjudicative matters that come before the ZAB, ex parte communications are those which occur
outside the formal hearing process. ZAB members should avoid ex-parte contacts on matters pending before
the ZAB as much as possible, as they may represent, or be perceived to represent, the receipt of evidence that
can unfairly influence a Board member’s decision on a matter before the Board. If such contacts do occur, they
must be placed in the record and disclosed to all interested parties sufficiently in advance of the decision to allow
rebuttal.

Agenda ChangesThe Board Chairperson may reorder the agenda at the beginning of the meeting.

Consent Calendar:The Consent Calendar allows the Board to take action with no discussion, on projects to which no one objects.
The Agenda includes three types of Consent Calendar items: (1) Approval of previous meeting minutes; (2)
Modifications of existing Use Permits (which have not been noticed for public hearings); (3) Items being
continued to another meeting (Board action has been postponed to another meeting). The Board Chairperson
will announce items for the Consent Calendar at 7:05 pm. The Board may place additional Agenda items on
the Consent Calendar, if no one present wishes to testify on an item. Anyone present who wishes to speak on
an item should raise his or her hand and advise the Chairperson, and the item will be pulled from the consent
calendar. Modification Projects may be discussed by the Board at this meeting or set for a public hearing at a
later meeting. Items already noticed for a public hearing will be heard following Continued Items, or, if
necessary, posted for a public hearing at a subsequent meeting.

2. 2113 University AvenueUse Permit #10-10000078 to rehabilitate and construct new buildings within the existing footprint of the
McFarlane Building (1979-87 Shattuck/2111-13 University), and the Ace Hardware Building (2145 University
Avenue); to rehabilitate the facades of the Acheson Physicians Building (2125 University Avenue); and the
relocation or demolition of the buildings at 1922 & 1930 Walnut Street to allow the construction of a new mixed
use building. Applicants/Owners: Equity Residential, 26970 Aliso Viejo Parkway #250, Alison Viejo, CA
(Zoning: C-1, General Commercial; Planner: Greg Powell) Continued From: NONE
Recommendation: PROVIDE COMMENT to staff and the applicant.

9. 1803-05 San Pablo AvenueUse Permit #11-10000003 to establish a quick service restaurant serving beer and wine with incidental live
entertainment, to extend hours of operation to Midnight on Sunday through Thursday and to 2:00AM on Friday
and Saturday, and to waive three parking spaces. Applicant/Property Owner: Jose Ruiz, 1805 San Pablo Avenue, Berkeley, CA 94702
(Zoning: C-W, West Berkeley Commercial; Planner: Pamela Johnson) Continued From: NONE
Recommendation: APPROVE Use Permit #11-10000003 pursuant to the
Findings and Conditions

10. 2992 College AvenueUse Permit #11-10000005 to change the use of an existing personal and household service use to a
quick-service food use, thereby exceeding the numerical quota for quick-service restaurants in the Elmwood
Commercial District and to waive the two off-street parking spaces required for the change of use. Applicant: Burton Architecture – 2723 8th St. Berkeley CA, 94710Property Owner: Janie and Gary Tulanian – 2998 College Avenue, Berkeley CA, 94705
(Zoning: CE – Elmwood Commercial District; Planner: Nate Dahl)Continued From: NONERecommendation: APPROVE Use Permit #11-10000005 pursuant to
the Findings and Conditions

Abatement Hearing:Pursuant to Berkeley Municipal Code (BMC) Section 23B.64.030, the Zoning Adjustments Board may initiate
proceedings to terminate, modify or condition (“abate”) any use, structure or building. The Board shall conduct
a public hearing, following public notice of said hearing. Upon conclusion of the public hearing, the Board shall,
within 35 days, make a written recommendation to the City Council identifying the use, structure or building being
considered, identifying the property involved, and setting forth the reason or reasons for the proposed abatement,
and the appropriate remedy, based on the evidence, testimony, and facts presented to the Board at the hearing

14. 2133 Parker StreetAbatement Hearing – Pursuant to Section 23B.64.030 of the Zoning Ordinance. The Zoning Adjustments
Board initiated Abatement Proceedings to Review: 1) the recent construction to increase the number of
bedrooms; and 2) the intended use of the building to determine if it would be used by Households or as a
Group Living.Applicant: Ali Eslami, P.O. Box 4623, Berkeley, CA 94794
(Zoning: R-2A, Restricted Multiple-Family Residential; Planner: Greg Powell)Continued From: NONE
Recommendation: Because of the lack of evidence to show this property poses
a Nuisance, Staff recommends that the Zoning Adjustments
Board DISCONTINUE Nuisance Abatement Proceedings.

Additional Agenda Items:The following agenda items may be discussed, but no action may be taken unless a specific item is listed on
this agenda.
A. Information / Communication

B. Business Meeting

C. Chairperson’s Report

D. Current Business / Committee Appointment

E. Future Agenda Items

F. Other Matters

Adjourn

Correspondence and Notice of Decision Requests
• Communications to Berkeley boards, commissions or committees are public record and will become part of
the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses,
names, addresses, and other contact information are not required, but if included in any
communication to a City board, commission or committee, will become part of the public record. If you
do not want your e-mail address or any other contact information to be made public, you may deliver
communications via U.S. Postal Service or in person to the secretary of the relevant board, commission or
committee. If you do not want your contact information included in the public record, please do not include that
information in your communication. Please contact the secretary to the relevant board, commission or committee
for further information.
• To distribute correspondence to Board members prior to the meeting date -- submit comments by 12:00
noon, seven (7) days before the meeting. Please provide 15 copies of any correspondence with more than
ten (10) pages or if in color or photographic format.
• Correspondence received by 5:00 pm on Tuesday before the meeting will be posted on the ZAB web site for
review by the Board and public prior to the meeting. Correspondence received later, and after the meeting, will be
posted to the web site following the meeting.
• Any correspondence received after this deadline will be given to Board members on the meeting date just prior
to the meeting.
• Staff will not deliver to Board members any additional written (or e-mail) materials received after 12:00 noon on
the day of the meeting.
• Members of the public may submit written comments themselves early in the meeting. To distribute
correspondence at the meeting, please provide 15 copies and submit to the Zoning Adjustments Board Clerk just
before or at the beginning of the meeting.
• Written comments, or a request for a Notice of Decision should be directed to the ZAB Secretary at: Land Use
Planning Division (Attn: Steven Buckley, ZAB Secretary), 2120 Milvia Street, Berkeley, CA 94704 OR atzab@ci.berkeley.ca.us

Accessibility Information / ADA Disclaimer
This meeting is being held in a wheelchair accessible location. To request a disability-related accommodation(s)
to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist
at 981-6342 (V) or 981-6345 (TDD) at least three business days before the meeting date. Please refrain from
wearing scented products to this meeting.

SB 343 Disclaimer
Any writings or documents provided to a majority of the Commission regarding any item on this agenda will be made
available for public inspection at the Permit Service Center, Planning and Development Department located at 2120
Milvia Street, Berkeley, during regular business hours.

Notice Concerning Your Legal Rights
If you object to a decision by the Zoning Adjustments Board regarding a land use permit project, the following
requirements and restrictions apply:

1. If you challenge the decision of the City in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence delivered to the Zoning
Adjustments Board at, or prior to, the public hearing.
2. You must appeal to the City Council within fourteen (14) days after the Notice of Decision of the action of the
Zoning Adjustments Board is mailed. It is your obligation to notify the Land Use Planning Division in writing of
your desire to receive a Notice of Decision when it is completed.
3. Pursuant to Code of Civil Procedure Section 1094.6(b) and Government Code Section 65009(c)(1), no lawsuit
challenging a City Council decision, as defined by Code of Civil Procedure Section 1094.6(e), regarding a use
permit, variance or other permit may be filed more than ninety (90) days after the date the decision becomes final,
as defined in Code of Civil Procedure Section 1094.6(b). Any lawsuit not filed within that ninety (90) day period
will be barred.
4. Pursuant to Government Code Section 66020(d)(1), notice is hereby given to the applicant that the 90-day
protest period for any fees, dedications, reservations, or other exactions included in any permit approval begins
upon final action by the City, and that any challenge must be filed within this 90-day period.
5. If you believe that this decision or any condition attached to it denies you any reasonable economic use of the
subject property, was not sufficiently related to a legitimate public purpose, was not sufficiently proportional to
any impact of the project, or for any other reason constitutes a “taking” of property for public use without just
compensation under the California or United States Constitutions, the following requirements apply:
A. That this belief is a basis of your appeal.
B. Why you believe that the decision or condition constitutes a "taking" of property as set forth above.
C. All evidence and argument in support of your belief that the decision or condition constitutes a “taking” as set
forth above.
If you do not do so, you will waive any legal right to claim that your property has been taken, both before the City
Council and in court.